What Is Medical Negligence?
Medical Negligence is when a person is injured, hurt, or has suffered due to the incompetency or carelessness of an organization, or a professional with a care of duty then that is negligence. In more simple words, if you get hurt during your medical procedure by nurses, doctors, or other medical staff, then you are entitled to make a Medical Negligence Claim.
Why Does Medical Negligence Happen?
Medical Negligence can happen for many reasons, some of the most common are that it might be due to a procedural flaw, documentation issues, records being incorrect or mistaken, a misdiagnosis, incorrect treatment, wrong medicine prescription, surgical mistakes by medical staff or just simple carelessness.
Medical Negligence Or Medical Malpractice?
Medical Negligence and Medical Malpractice generally fall under the same medical negligence banner. The distinctive difference between both is the intention of an individual or the organization from which the victim suffered. In simple terms, medical negligence is a mistake that resulted due to unintended harm. Whereas, medical malpractice is when a medical professional knowingly does not follow through with the proper standard of care. This does not mean that there was ill-disposed intent to cause harm but the individual or the organization caused harm that they knew could have been prevented if alternative procedures or precautions would have been taken.
When it comes to differentiating between medical negligence and medical malpractice, the difference is not as much about what happened to the victim as it is about how it affects the case. Differences aside, the harm is still affecting the patient one way or another. To have a medical malpractice case, you must be able to prove medical negligence.
On this web page, when we talk about Medical Negligence, we refer to both, Medical Negligence and Medical Malpractice.
What To Do First?Contact The Claim Help Team as soon as possible. That should be your first step. Our initial consultation is free in which we assess your case and tell you whether you are entitled to make a claim or not and also how your compensation can be worked out. Each case is unique. The earlier you reach out to us, the better as the incident and details may be fresh in your mind, the more information we have, the more we can help.
4 Rules To Be Eligible To Make A Medical Negligence Claim
1) We identify whether the health care workers, who were assigned to you, did their duties as per the rules and regulations.
2) Whether the health care workers conducted their duties with full responsibility or not.
1) We identify whether the damage is caused directly by the actions of the health care worker.
2) An example can be that a physician performs a surgical procedure on you which you did not sign off on or your consent was not included.
1) We identify whether the commitment and promises made to you by the organization and the health workers were kept or not.
2) For example, your physician promised you that the operation theater is clean and bacteria-free, but still, you got infected after the surgery.
Types of Medical Negligence Claims
Amputation Negligence ClaimAmputation means a procedure of removing a limb, for example, a leg, arm, or finger, consisting of dead tissues for the sake to control pain or disease, or due to surgical error. Sometimes medical negligence causes you to lose your limb, which is devastating. If you have suffered from Amputation negligence, you can contact us to claim your compensation.
Anaesthetic Negligence ClaimAn anesthetic is a drug that produces a complete or partial loss of feeling. Before performing any mild or major surgical procedure, anesthesia is used to make the patient pain free. Without anesthesia, no surgical procedure can be performed. There are three types of anesthetic general, regional, and local. So if the dose of Anesthesia causes you any kind of harm, like you woke up early or woke late, causes you pain, or any post-surgery infection. You can contact us to claim your compensation for Anesthetic Negligence. To know more about Anaesthetic Negligence Claim please click here.
Birth Injury ClaimIf your child is hurt anyway during or after childbirth, this is considered a birth injury. Common birth injuries are Cerebral Palsy, Stillbirth, Erb’s Palsy, Broken bones, and Lack of oxygen. You can claim support for your child in many forms, facilities and compensation. Birth Injury claims must be put in before your child has reached 18 years of age. From 18, the person has three years to claim till they turn 21.
Cosmetic Surgery Negligence Claim
Cosmetic surgery is a procedure in which a person's appearance is enhanced or modified through surgery or medicines. It can be performed on the face, neck, and any part of your body. If your cosmetic surgery has gone wrong then you must be hurt physically, mentally, and financially. You can claim your compensation by contacting us. Some common types of cosmetic surgery are:
● Cosmetic Dentistry ● Breast augmentation ● Facelifts ● Liposuction ● Botox injections ● Plastic surgery ● Tummy tucks ● Rhinoplasty ● Eyelid surgery ● Browlift ● Chemical peel ● Ear surgery ● Cosmetic dentistry
Fatal Medical Negligence Claim And Inquests
No loss is more damaging than the loss of life. Losing a friend or family member affects you entirely, especially if you feel it could have been prevented. If you feel this was possibly due to some form of negligence then it gets even harder to deal with the grief and wanting justice. If you have suffered through such an experience, then we understand. We really do. Please contact The Claim Help Team to tell us your story. We may be able to help get some closure and support. A compensation claim is as much about awareness and change as it is financial and structural support
Hospital Negligence ClaimThe UK is known for its NHS (National Health Service) across the globe. Whilst the NHS strives to be an exemplar service, it has not been without its issues. A medical negligence Claim is historical and can take a while to surface. Our support for our NHS is unflinching, as is our support for justice. You may have suffered seriously years ago, and not feel comfortable putting a claim in during these times, however, you have rights, and the NHS has insurance and needs to be aware of any suffering you may have been subjected to and possibly still are. Most times, patients receive the highest standard of care in hospitals across the UK. Unfortunately, some patients may have a more unfavorable experience resulting from the negligence of the health care professionals. If the treatment you received at a hospital fell short of the acceptable standard, you should contact our Claim Help Team Medical Experts to determine if you are eligible to file a hospital negligence claim.
Other Types of Claims
- Accidents and Emergency Claim
- Anaesthetic Accidents Claim
- Amputation Negligence Claim
- Birth Injury Claim
- Bowel Cancer Claim
- Brain Injury Claim
- Breast Cancer Claim
- Breast Implants Claim
- Cancer Misdiagnosis Claim
- Care Home Negligence and Neglect Claim
- Cauda Equina Syndrome Claim
- Cerebral Palsy Claim
- Cosmetic Surgery Claim
- Defective Medical Device Claim
- Dental Negligence Claim
- Diabetes Claim
- Failure to Prevent Suicide Claim
- Fatal Medical Negligence Claim and Inquests
- GP Negligence Claim
- Gynecology claim
- Hospital Negligence Claim
- Knee replacement and knee surgery Claim
- Medical Misdiagnosis Claim
- Meningitis Misdiagnosis Claim
- Ophthalmic Negligence Claim
- Pregnancy and Gynaecology Injury Claim
- Sepsis Negligence Claim
- Stroke Misdiagnosis Claim
- Surgery Compensation Claim
*The above are an example of only some of the types of cases that we have experience of dealing with. If you have a different problem please ask.
*The information given is intended as basic guidance and is not a substitute for taking legal advice from an expert clinical or medical negligence lawyer.
How Long Does A Medical Negligence Claim Take?
It totally depends on your case, the severity of damages, and the defendant party. If the defendant has accepted their fault, then it shortens the time of getting the claim. Usually, it takes a few months to win the compensation, in more complicated cases, it might take a few years as complex reports and files have to be recovered.
Limitation Period For Making A Medical Negligence Claim
A three years’ time is usually considered to make a claim for Medical Negligence. There are times when you do not realize early that you have been affected due to negligence. In many cases, people find out later, only after their injury or illness becomes worse. But a three year time is enough to figure out that you have suffered damages and injuries.
However, there are a couple of exceptions to this rule:
● Children: As mentioned above, medical negligence claims involving a child can be made any time before they turn 18 years of age. On their 18th birthday the three-year rule comes into effect, so a claim needs to be started before they turn 21.
● Mental Disability – if a person is mentally incapable to make a claim themselves, no time limit applies to them for making a claim.
Medical Negligence Claims: No Win No Fee
In a No win No Fee Agreement, If the case goes ahead and you lose, then there is no charge. In most cases, our team can offer a “No Win No Fee” agreement and take out insurance to protect you from the risks of having to pay costs and legal fees. The agreements are specific to each individual case and based on our risk assessment of your case. We will explain the agreement to you in detail during our first discussion.
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